Stillbirth Negligence Claims Guide – How Much Compensation?

Experiencing a stillbirth due to medical negligence during pregnancy is devastating. If failings in antenatal care, obstetric malpractice, or poor maternity care led to your loss, you may be eligible for a stillbirth negligence claim. This guide explains your legal rights, the stillbirth compensation claims process, and how a claims management firm can assist. Understanding your options can help you seek justice and accountability for your loss. Fentons could be able to help you claim, offering expert support on a No Win No Fee basis. Contact us today to discuss your case.

Key Facts

• Stillbirth negligence claims allow parents to seek justice when maternity negligence or antenatal care failings contribute to perinatal loss.
• Compensation can cover emotional suffering, medical costs, and financial losses linked to wrongful death in childbirth.
• Legal action for stillbirth can be taken against healthcare providers responsible for obstetric malpractice.
• Claimants must prove medical negligence during pregnancy, including misdiagnosis, improper monitoring, or failure to act on warning signs.
• Fentons could be able to help you claim on a No Win No Fee basis, ensuring you can pursue justice without financial risk.

Understanding Stillbirth Negligence Claims

 

Losing a baby due to medical negligence during pregnancy is an unimaginable tragedy. When antenatal care failings, misdiagnosis, or poor maternity care contribute to a stillbirth, parents have the right to seek justice through stillbirth negligence claims. These claims aim to hold healthcare providers accountable for obstetric malpractice and provide financial support for emotional distress, medical expenses, and other related costs. While no amount of compensation can replace a lost child, pursuing a claim can ensure accountability and prevent similar errors from happening to others. Understanding what are negligence claims in the context of stillbirth is essential when considering legal action.

Key factors in a stillbirth compensation claim include:

• Failure to monitor foetal distress – Missing or misinterpreting signs of distress that could have led to early intervention.
• Delays in emergency care – Slow responses to complications that required immediate medical attention.
• Inadequate antenatal screening – Failure to detect conditions like infections, pre-eclampsia, or gestational diabetes.
• Surgical or medication errors – Administering incorrect drugs or using improper techniques during labour.

Fentons could be able to help you claim by guiding you through the process of proving wrongful death in childbirth and securing the compensation you deserve.

What Are the Common Causes of Stillbirths Due to Medical Negligence?

While many stillbirths occur due to natural complications, perinatal loss due to negligence happens when healthcare providers fail to provide the correct standard of care. When preventable medical errors lead to stillbirth, families may have grounds for a legal action for stillbirth. Identifying the exact cause is crucial to building a strong medical negligence stillbirth compensation case.

Common maternity negligence factors include:

• Failure to diagnose maternal infections – Conditions such as Group B Strep, listeriosis, or untreated UTIs can increase the risk of stillbirth.
• Undiagnosed foetal distress – Poor monitoring of the baby’s heart rate or oxygen levels may prevent timely intervention.
• Placental complications – Issues like placental abruption, previa, or insufficiency that go undetected.
• Missed pre-eclampsia or gestational diabetes – These conditions can cause complications if not managed properly.
• Delayed emergency C-sections – When an urgent C-section is required but not performed in time.

When obstetric malpractice is suspected, it is important to investigate whether earlier medical intervention could have prevented the stillbirth. Fentons could be able to help you claim if you believe a healthcare provider’s actions or inactions contributed to your loss.

What Constitutes Medical Negligence in Stillbirth Cases?

To pursue stillbirth negligence claims, it must be proven that a healthcare provider failed in their duty of care and that this failure directly contributed to the stillbirth. Establishing what is a wrongful death claim in this context requires medical evidence, expert opinions, and detailed records of care received during pregnancy and childbirth. Stillbirth medical negligence claims awards depend on the severity of the medical negligence misdiagnosis and the impact on the parents’ emotional and financial well-being.

Key elements of medical negligence stillbirth cases include:

• Breach of duty – The healthcare professional did not meet expected medical standards.
• Causation – The negligence directly caused or significantly contributed to the stillbirth.
• Failure to act on warning signs – Ignoring symptoms of complications such as reduced foetal movements or high blood pressure.
• Mismanagement of labour – Errors in delivery techniques or failure to escalate care appropriately.
• Lack of informed consent – Parents were not properly informed of risks and treatment options.

If your case meets these criteria, you may have a valid stillbirth compensation claim. Fentons could be able to help you claim, ensuring you receive expert legal guidance throughout the process.

How Do Hospitals Investigate Stillbirths Suspected to Be Due to Negligence?

When a stillbirth occurs and negligence is suspected, hospitals are required to conduct a formal investigation to determine whether medical negligence during pregnancy played a role. These investigations aim to identify antenatal care failings, assess the standard of care provided, and establish whether medical errors contributed to the loss. Understanding the investigative process is vital for families considering legal action for stillbirth.

Steps involved in a hospital investigation include:

1. Internal review – The hospital’s maternity team examines medical records and staff actions.
2. Post-mortem examination – Parents may be offered an autopsy to determine the cause of death.
3. Serious Incident Report (SIR) – Required for cases where maternity negligence may have contributed.
4. Independent Medical Review – External specialists may be brought in to evaluate the case.
5. Inquest (if necessary) – If negligence is suspected, a coroner’s inquest may be held.

While hospitals conduct these investigations, parents should seek independent legal advice. A claims management firm can help assess whether a stillbirth negligence claim is possible and gather the necessary evidence. If you believe hospital failings led to your loss, Fentons could be able to help you claim and support you through the claims process.

Can I Claim Compensation for a Stillbirth Caused by Medical Negligence?

If a stillbirth occurred due to medical negligence during pregnancy, parents may have the right to claim compensation. A stillbirth negligence claim can be pursued when healthcare providers fail to provide the expected standard of care, leading to perinatal loss due to negligence. Compensation is not just about financial support—it helps hold medical professionals accountable and can contribute to improving maternity care standards. Claims can cover both emotional distress and financial losses, including funeral costs, loss of earnings, and any medical expenses incurred due to maternity negligence. This may include post-traumatic stress disorder claims.

Key factors that could justify a stillbirth compensation claim include:

• Failure to diagnose maternal or foetal complications – Conditions such as infections, gestational diabetes, or pre-eclampsia left untreated.
• Errors during labour and delivery – Delays in performing a C-section or failure to act on foetal distress.
• Poor antenatal monitoring – Inadequate tracking of foetal development and warning signs.
• Medication errors – Prescribing harmful drugs during pregnancy.

If you believe obstetric malpractice contributed to your loss, you may be eligible for medical negligence stillbirth compensation. Fentons could be able to help you claim, offering expert guidance on a No Win No Fee basis. Here are some compensation examples:

 Psychiatric Damage (Moderately Severe) (£23,270 to £66,920): – Significant psychological distress impacting daily life, often due to negligent stillbirths or work-related stress. While serious, recovery is possible with treatment.

Post-Traumatic Stress Disorder (Severe) (£73,050 to £122,850): – Permanent PTSD symptoms severely affecting work, relationships, and daily life. Claimants often experience debilitating anxiety, flashbacks, and emotional distress, requiring ongoing support.

Post-Traumatic Stress Disorder (Moderately Severe) (£28,250 to £73,050): – Serious PTSD symptoms causing long-term disability, but with some recovery possible through professional help.

Female Reproductive System Injury (F) (£4,140 to £24,930): – Delayed ectopic pregnancy diagnosis causing pain, internal bleeding, and possible fallopian tube removal, though fertility remains unaffected.

Female Reproductive System Injury (G) (Around £12,450): – Failed sterilisation leading to an unplanned pregnancy, but without severe psychological effects.

Can Both Parents Claim for Emotional Distress After a Negligent Stillbirth?

Yes, both parents may be able to claim compensation for emotional distress following a stillbirth caused by medical negligence during pregnancy. The loss of a baby has devastating psychological effects on both the mother and father, and the legal system acknowledges the emotional trauma parents endure when antenatal care failings result in wrongful death in childbirth. While compensation does not erase the pain, it provides financial support for therapy, counselling, and lost earnings due to emotional distress.

Possible claims for emotional distress include:

• Bereavement awards – A legal recognition of the emotional suffering caused by the loss.
• Psychiatric injury claims – If either parent suffers from PTSD, depression, or severe anxiety.
• Loss of earnings – If psychological distress affects the ability to work.
• Therapy and counselling costs – Compensation to cover necessary mental health support.

Each case is unique, and stillbirth medical negligence claims awards vary based on circumstances. Fentons could be able to help you claim, ensuring that both parents receive the support they need after such a tragic loss.

What Is the Process for Making a Stillbirth Negligence Claim?

Filing a stillbirth negligence claim involves several steps, and understanding the process can make it easier for parents to seek justice. Claimants must demonstrate that maternity negligence directly contributed to the stillbirth and gather medical evidence to support their case. While the process can feel overwhelming, working with a claims management firm can simplify the legal complexities involved in legal action for stillbirth.

The main steps in the stillbirth compensation claims process are:

1. Initial Consultation – Speak with a claims specialist to assess whether there is a valid claim.
2. Gathering Medical Evidence – Obtain hospital records, autopsy reports (if available), and witness statements.
3. Expert Medical Opinion – A medical expert will evaluate whether obstetric malpractice occurred.
4. Filing the Claim – If negligence is established, legal proceedings begin.
5. Negotiation and Settlement – The defendant may offer a settlement, or the case may proceed to court.

Time limits apply to what are negligence claims, so acting quickly is essential. Fentons could be able to help you claim, ensuring that you receive expert legal guidance throughout the process.

What Is the Time Limit for Making a Stillbirth Negligence Claim in the UK?

In the UK, there are strict time limits for pursuing stillbirth negligence claims, so it is crucial to act quickly. Generally, parents have three years from the date of the stillbirth or from when they became aware that negligence played a role. However, there are some exceptions. If the mother suffers from a psychiatric condition that prevents her from bringing a claim immediately, the time limit may be extended. If a claim is being made on behalf of the baby, special rules may apply. Seeking legal advice early ensures that all necessary evidence is gathered in time.

Key points about stillbirth medical negligence claims awards time limits:

• Three-year standard limit – Claims must usually be made within three years of the stillbirth or the date of knowledge of negligence.
• Mental health exceptions – If a parent cannot pursue a claim due to psychiatric trauma, the time limit may be extended.
• Cases involving minors – If the mother was under 18 at the time, the three-year limit starts from her 18th birthday.

Missing the deadline can make it impossible to pursue a claim. If you are unsure about your eligibility, Fentons could be able to help you claim and ensure your case is filed within the required time.

How Do I Prove Negligence Led to My Baby’s Stillbirth?

Proving that medical negligence during pregnancy led to a stillbirth requires substantial evidence. A stillbirth negligence claim must demonstrate that a healthcare provider failed in their duty of care and that this failure directly contributed to the stillbirth. This process involves gathering medical records, expert testimony, and other supporting documentation. Without clear evidence, a claim may be difficult to pursue, making professional legal assistance essential.

Evidence used to prove perinatal loss due to negligence includes:

• Medical records – Documentation of pregnancy monitoring, labour procedures, and medical decisions.
• Expert medical reports – Independent medical professionals assess whether negligence occurred.
• Witness statements – Statements from family members, midwives, or other medical staff who observed care.
• Hospital investigation reports – If the hospital conducted an internal review or a Serious Incident Report (SIR).
• Coroner’s inquest (if applicable) – If the case went to inquest, the findings could support the claim.

Building a strong case requires careful documentation and expert opinions. Fentons could be able to help you claim by guiding you through the process and ensuring all necessary evidence is obtained.

Can I Make a No Win No Fee Stillbirth Negligence Claim?

Yes, many stillbirth negligence claims can be pursued on a No Win No Fee basis. This means that parents do not need to worry about paying legal fees upfront, reducing financial stress during an already difficult time. Under a No Win No Fee agreement, legal costs are only payable if the claim is successful, making it a risk-free way to seek justice for wrongful death in childbirth. This approach allows families to focus on healing rather than legal expenses.

Benefits of a No Win No Fee stillbirth compensation claim include:

• No upfront legal fees – You do not need to pay anything at the start of your case.
• Financial security – You only pay legal costs if your claim is successful.
• Access to expert legal representation – Even if you cannot afford a solicitor upfront.
• Reduced stress – Avoid the financial burden of a legal case during an emotional time.

Choosing a No Win No Fee claim ensures that parents can seek justice without worrying about financial risks. Fentons could be able to help you claim, offering expert legal assistance on a No Win No Fee basis to support you through the process.

Fentons Can Help Make Stillbirth Negligence Claims

Losing a baby due to medical negligence during pregnancy is devastating, and seeking justice can feel overwhelming. Fentons could be able to help you claim, ensuring you receive the maximum medical negligence compensation you deserve. With over 30 years of experience in stillbirth negligence claims, our claims professionals provide expert guidance and compassionate support throughout the process. We offer free legal advice from friendly legal experts who understand the complexities of stillbirth compensation claims. Our No Win No Fee service ensures financial security, meaning you pay nothing upfront. We handle everything from gathering evidence to negotiating settlements, allowing you to focus on healing. If you believe maternity negligence caused your loss, we are here to help. Contact Fentons for more advice on your legal options. To find out if you can claim, call 0333 000 0723 or contact us today.

Stillbirth Negligence Claims FAQ

How Long Does It Take to Settle a Stillbirth Negligence Claim?

The time required to resolve a stillbirth negligence claim depends on case complexity. Simple cases may settle in a few months, while complex claims requiring expert medical opinions or court proceedings can take several years. The timeline also depends on whether the hospital admits liability quickly or disputes the claim.

Are There Support Groups for Parents Affected by Negligent Stillbirths?

Yes, many organisations offer emotional and practical support for parents affected by perinatal loss due to negligence. Groups such as Sands (Stillbirth and Neonatal Death Charity) and the Miscarriage Association provide bereavement counselling, peer support, and resources to help parents cope with their loss.

Can I Claim for Funeral Expenses After a Negligent Stillbirth?

Yes, funeral expenses can be included in a stillbirth compensation claim. Parents may be able to recover costs for the funeral, memorial service, and other related expenses if the stillbirth was caused by maternity negligence. Compensation aims to ease the financial burden during a difficult time.

Stillbirth Negligence Claims Links

NHS – Stillbirth: Learn about stillbirth, the loss of a baby before or during birth, including causes, symptoms, and the support available for grieving families.

GMC – Ethical Guidance for Patients: Resources for patients, providing guidance on what to expect from doctors and healthcare services.

NHS – Mental Health – Grief, Bereavement, and Loss: Information on coping with grief, bereavement, and loss.